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Ireland

Local Authorities (Indemnity) Act, 1923

In short

This law validates certain actions and omissions by local authorities that occurred between March 31, 1920, and December 6, 1922, which might otherwise have been considered illegal or invalid. It also specifically validates transfers of funds to a trustee during that same period.

What it regulates

  • The legality and validity of acts done or omitted by local authorities.
  • The transfer of funds from a local authority's treasurer to a trustee.
  • Payments made by a trustee on behalf of a local authority.
  • The accounting and auditing of funds handled by a trustee for a local authority.

Who it concerns

  • Local authorities, including county councils, borough councils, urban or rural district councils, town commissioners, and boards of guardians.
  • Public bodies established under the Local Government (Temporary Provisions) Act, 1923, performing functions of the above.
  • Committees or joint committees of these bodies.
  • Individuals acting as trustees, agents, or acting-treasurers for local authorities.

Key points

  • The Minister for Local Government can approve acts or omissions by a local authority that occurred between March 31, 1920, and December 6, 1922, making them legal and valid.
  • Transfers of funds from a local authority's treasurer to a trustee during the period between March 31, 1920, and December 6, 1922, are declared legal and valid if made in pursuance of a resolution of the local authority.
  • Payments made by a trustee from local authority funds, under the direction of the local authority, are deemed legal and valid, even if standard procedures were not followed.
  • Trustees for local authorities must account for all moneys received, and their accounts will be audited as part of the local authority's accounts.
  • No legal action can be taken against a local authority, its members, officers, or trustees for transfers, receipts, or payments validated by this Act.
Legal text
Legal text

Local Authorities (Indemnity) Act, 1923 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

  1. ie)Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.
  2. ie)Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(
  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1923 Local Authorities (Indemnity) Act, 1923 Local Authorities (Indemnity) Act, 1923 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 49. LOCAL AUTHORITIES (INDEMNITY) ACT, 1923. ARRANGEMENT OF SECTIONS Section 1. Definition of “local authority”. 2. Approval of Minister and consequent validation of certain acts and omissions. 3. Validation of transfers of funds to trustee. 4. Short title. Act Referred to Local Government (Temporary Provisions) Act, 1923 No. 9 of 1923 Number 49. LOCAL AUTHORITIES (INDEMNITY) ACT, 1923. AN ACT TO ESTABLISH THE VALIDITY OF CERTAIN ACTS DONE AND OMISSIONS MADE BY LOCAL AUTHORITIES DURING THE PERIOD BETWEEN THE 31st DAY OF MARCH, 1920, AND THE 6th DAY OF DECEMBER, 1922. [28th December, 1923.] BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:— Definition of “local authority.” 1.—In this Act the expression “local authority” means and includes— (
  4. a)the council of a county, county borough, or urban or rural district, the commissioners of a town, and a board of guardians; and (
  5. b)any public body established under or by virtue of the Local Government (Temporary Provisions) Act, 1923 (No. 9 of 1923), to perform the functions of any of the bodies mentioned in the foregoing clause (a); and (
  6. c)any committee or joint committee of any one or more of the bodies mentioned in the foregoing clauses (
  7. a)and (b). Approval of Minister and consequent validation of certain acts and omissions. 2.—

(1)Whenever it shall appear to the Minister for Local Government that the doing or omitting to do any act, matter, or thing done or omitted to be done by a local authority during the period between the 31st day of March, 1920, and the 6th day of December, 1922, was or might be illegal or invalid, either because the doing or omitting to do (as the case may
  1. be)such act, matter, or thing was contrary to any law or was in excess of or outside the jurisdiction or power of the local authority, or because any sanction or approval required by any law to be obtained for the doing or omission to do (as the case may
  2. be)such act, matter, or thing was not given, the Minister for Local Government may approve of such act, matter, or thing having been done or omitted to be done (as the case may
  3. be)by such local authority.
(2)Whenever the Minister for Local Government shall have approved of any such act, matter, or thing as is mentioned in the foregoing sub-section having been done or omitted to be done (as the case may
  1. be)by a local authority, the doing or omission to do (as the case may
  2. be)that act, matter, or thing by that local authority shall be and be deemed always to have been legal and valid notwithstanding any enactment, order, or rule of law to the contrary. Validation of transfers of funds to trustee. 3.—
(1)Every transfer to which this section applies of the funds or any part of the funds of a local authority from the duly appointed treasurer of the local authority to any person (hereinafter called the trustee for a local authority) as trustee, agent, or acting-treasurer for the local authority is hereby declared to be and always to have been legal and valid notwithstanding any enactment, order, or rule of law to the contrary.
(2)All payments of money made by a trustee for a local authority out of the funds and by the direction of that local authority which would have been legal and valid if they had been duly made by that local authority through a duly appointed treasurer are hereby declared to be and always to have been legal and valid payments by that local authority notwithstanding that in the authorising and making of such payments the procedure prescribed by law in respect of payments by a local authority through its treasurer was not adopted.
(3)A trustee for a local authority shall be liable to account for all moneys received by him from, for, or on behalf of that local authority, and the accounts of such trustee of such moneys and of the disbursements made by him thereout shall form part of the accounts of that local authority and shall be audited in the manner in which the accounts of that local authority are required by law to be audited, and for the purpose of such audit every payment by such trustee shall be deemed to have been made on the authority of the members of the local authority by which such payment was in fact authorised although the authority was not given in the manner or in accordance with the procedure prescribed by law.
(4)No action or proceeding whether by way of surcharge or otherwise shall lie against any local authority, or any member or officer thereof, or any trustee for a local authority for or on account of any transfer, receipt, or payment declared by this section to be valid.
(5)This section applies only to transfers of funds made during the period between the 31st day of March, 1920, and 6th day of December, 1922, in pursuance of a resolution of a local authority. Short title. 4.—This Act may be cited as the Local Authorities (Indemnity) Act, 1923. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

AI explanation based on the official legal text. Indicative, not a substitute for legal advice.